24-753ORDINANCE NO. 24-753
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION. AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF
UNIVERSITY PARK. UNDER THE TEXAS GOVERNMENT CODE, SECTION 791.001, TO
AUTHORIZE THE CITY OF UNIVERSITY PARK AND CITY OF DENTON TO UTILIZE
EACH ENTITIES’ SOLICITED CONTRACTS FOR THE PURCHASING OF VARIOUS
GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND DECLARING AN EFFECTIVE DATE (FILE 8510 – AWARD AN INTERLOCAL
COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF UNIVERSITY PARK).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or their designee, is hereby authorized to execute the
Interlocal Cooperative Purchasing Agreement with the City of University Park under Section
791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by
reference herein (the “Agreement”).
SECTION 2. The City Manager, or their designee, is authorized to expend funds
pursuant to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Br :- La Tba& h and
seconded by Pbr ,-1 D,ttl . This ordinance was passed and approved bythe following vote U -b :
Aye
P/
Z/
L/
C/
L/
a/
./‘
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED ,ND „P,ROVED ,hi, ,h.£d,, .f +J _, 2024.
E rSA
ATTEST:
LAUREN THODEN, CITY SECRETARY
B III(fr :
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:-LUyt\\h\ \\\kT\
\
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users
and Groups, ou=General
-Ga„e'-menIpQ„a=+1,
cn=MaKella Lunn,
email=Marcella.Lunn@cityofdent
on.corn
Date: 2024.03.21 15:04:03 <>5'00'
DocuSign Envelope ID: 96000E60-BFEl+74C-AI FD-7E08A40B449C
DENTON
Docusign City Council Transmittal Coversheet
8510
File Name I Interloca1 Agreement with University Park
Purchasing Contact Erica Garcia
City Council Target Date APRIL 16’ 2024
App1 i cab1 ePiggy Back Option NOt
Contract Expiration
Ordinance
IA
CONTINUOUS
24-753
DocuSign Envelope ID: 96000E60-BFEIJ+74C-AI FD-7E08A40B449C
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BETWEEN CITY OF UNIVERSITY PARK AND CITY OF DENTON, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS INTERLOCAL COOPERATIVE PURCHASING AGREEMENT (the “Agreement”) is
made on the 20TH day of February, 2024, between the City of Denton, and the City of University
_Park; jointly referred to herein as “parties” and each separately as a “partyJ
WHEREAS, each party is authorized by Chapter 791 of the Texas Government Code (the
“Interlocal Cooperation Act”), to enter into joint contracts and agreements for the performance of
governmental functions and services including administrative functions normally associated with
the operation of government such as purchasing necessary materials and supplies;
WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local government
to participate in a cooperative purchasing program with another local government or a local
cooperatIve organrzatlon;
WHEREAS, the parties recognize that participation in this cooperative purchasing program will
be highly beneficial to the taxpayers of the parties through anticipated savings to be realized;
WHEREAS, the parties cannot normally obtain the best possible purchase price for materials and
supplies acting individually and without cooperation;
WHEREAS, it is deemed in the best interest of all parties that said governments enter into a
mutually satisfactory agreement for the purchase of certain materials and supplies; and
WHEREAS, the parties, in performing govemmental functions or in paying for the performance
of governmental fbnctions hereunder, shall make that performance or those payments from current
revenues legally available to that party;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions
contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act,
promise and agree as follows:
1.
Purpose
A. The purpose of this Agreement is to establish a cooperative purchasing program between the
parties, which will allow each party to purchase goods and services under each other’s
competitively bid contracts pursuant to Subchapter F, Chapter 271 of the Texas Local
Government Code.
DocuSign Envelope ID: 96000E60-BFE1474C-AI FD-7E08A40B449C
11.
Duration of Agreement
A. This Agreement shall be in full force and effect aom the date it is duly executed by all parties
until terminated by either party to this Agreement. Any party may modify and/or terminate
this Agreement in accordance with the following terms and conditions:
•The terms and conditions of this Agreement may be modified upon the mutual
consent of all parties. Mutual consent will be demonstrated by approval of the
governing body of each party hereto. No modification to this Agreement shall be
effective and binding unless and until it is reduced to writing and signed by duly
authorized representatives of all parties.
•This Agreement may be terminated at any time by either party, with or without
cause, upon thirty days’ written notice to the other party. Unless otherwise
specified, written notice shall be deemed to have been duly served if delivered in
person, sent (i) as an attachment to an email, (ii) by fax with a successful send
confirmation, or (iii) by certified mail to the address as listed herein:
City of Denton:Procurement Division
Ann: Purchasing Manager
City of Denton
901 B Texas Street
Denton, TX 76209
Phone: 940-349-7100
Fax: 940-293-1837
purchasing@cityofdenton.com
City of University Park:Purchasing Department
AHn: Purchasing Manager
City of University Park
3800 University Blvd.
University Park, TX 75205
Phone: 214-987-5480
eanderson@uptexas.org
111.
Relationship of Parties
A It is agreed that the parties, in receiving products and/or services specified in this Agreement,
shall each act as an independent purchaser and shall have control of its needs and the way any
such products and/or services are acquired. Neither party is an agent, employee or joint
enterprise of the other, and each party is responsible for its own actions, forbearance,
negligence and deeds, and for those of its agents or employees, in conjunction with the
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DocuSign Envelope ID: 96000E60-BFEldj74C-AIFD-7E08A40BzH9C
utilization and/or cooperative solicitation of any supplier agreement obtained in accordance
with Texas law.
B. The parties shall notify, using the notice procedures set forth in Section II. A, all participating
entities of available contracts to include terms of contract, commodity cost, contact names and
addresses, and shall keep participating parties informed of all changes to the list of contracts
available for cooperative purchasing.
C. Each party shall ensure that all applicable laws and ordinances have been satisfied with respect
to any action taken by such party pursuant to this Agreement.
D. Nothing in this Agreement shall prevent any participating party tom accepting and awarding
bids for commodities subject to this Agreement individually and on its own behalf.
E. Purchasing Agent or their designee, is the official representative to act for the City of Denton
in all matters relating to this Agreement.
F. The City Manager or his designee, is the official representative to act for the City of University
Park in all matters relating to this Agreement.
IV.
Purchase of Goods and Services
A. All products and services shall be procured in accordance with all appropriate procedures
governing competitive bids and competitive proposals, as required by the laws of the State of
Texas
B. The parties will be able to purchase from those contracts established by the other party where
notice has been given in the bid specifications and the successful bidder has accepted terms
for cooperative purchasing agreements for local governments.
C. The parties hereto agree that the ordering of products and services through this Agreement
shall be their individual responsibility and that the successful bidder or bidders shall bill each
party directly or, if deemed advantageous by the parties, to both parties.
D. The parties agree to pay successful bidders directly for all products or services received from
current revenues available for such purchase. Each party shall be liable to the successful bidder
only for products and services ordered by and received by such party and shall not, by the
execution of this Agreement, assume any additional liability.
E. The parties do not warrant and are not responsible for the quality or delivery of products or
services from the successful bidder. The participating parties shall receive all warranties
provided by the successful bidder for the products or services purchased.
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DocuSign Envelope ID: 96000E60-BFE1474C-AIFD-7E08A40B449C
F. If any dispute arises between individual parties and a successful bidder, such dispute shall be
handled by and between the participating party’s governmental body and the bidder.
V
Liability and Immunity Provisions
A.It is understood and agreed between the parties that each party hereto shall be responsible for
its own and its employees’ acts of negligence in connection with this Agreement. Neither
party shall be responsible for any negligent act or omission of the other party or its employees
in connection with this Agreement. It is specifically agreed that, as between the parties, each
party to this Agreement shall be individually and respectively responsible for responding to,
dealing with, insuring against, defending, and otherwise handling and managing liability and
potential liability of itself and its employees pursuant to this Agreement.
B.Notwithstanding the foregoing, each party hereto reserves and expressly does not waive any
irnmunity or defense available at law or in equity, including governmental immunity, for any
claim or cause of action whatsoever that may arise or result from the services provided and/or
any circumstances arising under this Agreement. These provisions are solely for the benefit
of the parties hereto and are not for the benefit of any person or entity not a party hereto; this
Agreement shall not be interpreted nor construed to give any claim or cause of action to any
third party. Neither party shall be held legally liable for any claim or cause of action arising
pursuant to or out of the services provided under this Agreement, except as specifically
provided by law. Where injury or property damages results from the joint or concurrent
negligence of both parties, liability, if any, shall be shared by each party based on comparative
responsibility in accordance with the applicable laws of the State of Texas, subject to all
defenses available to them, including governmental immunity.
C.This Agreement is expressly made subject to the parties’ governmental immunity under the
Texas Civil Practice and Remedies Code and all applicable federal, state, and local laws, rules,
regulations, ordinances, and policies. Nothing in this Agreement shall be deemed to waive,
modify, or amend any legal defense available at law or in equity to either party or to create
any legal rights or claim on behalf of any third party. Neither party waive, modify, or alter,
to any extent whatsoever, the availability of the defense of governmental immunity under the
laws of the State of Texas.
VI.
Miscellaneous
A. Each party has the hIll power and authority to enter into and perform this Agreement and the
person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby
represent that they have authorization to sign on behalf of their respective party.
B. In the event any one or more of the provisions contained in this Agreement shall be held, for
any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
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DocuSign Envelope ID: 96000E60-BFEIJ+74C-AIFD-7E08A40BzU9C
or unenforceabihty shall not affect the other provisions and the Agreement shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
C. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal
representatives, and assigns. Neither party will assign or transfer an interest in this Agreement
without the prior written consent of the other party.
D. By entering into this Agreement, the parties do not create any obligations, express or implied,
other than those set forth herein, and this Agreement shall not create any rights in, or claims
by, third parties who are not signatories to this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any cause of action concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
F.This Agreement, together with any referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statemenl
understanding, or other commitment occurring during the term of this Agreement, or
subsequent thereto, has no legal force or effect whatsoever, unless properly executed in writing
in accordance with Section II. A, and if appropriate, recorded as an amendment of this
AgreemeM .
G.Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way
constitute a waiver of that provision nor in any way aaect the validity of this Agreement or the
right of either party thereafter to enforce each provision hereof. No term of this Agreement
shall be deemed waived or any breach excused unless the waiver shall be in writing and signed
by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will
not constitute consent to or waiver or excuse of any other different or subsequent breach.
H. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
I. Each party agrees that this Agreement and any other documents to be delivered in connection
herewith may be electronically signed, and that any electronic signatures appearing on this
Agreement or such other documents are the same as handwritten signatures for the purposes
of validity, enforceability, and admissibility.
[Signature Page to Follow]
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DocuSign Envelope ID: 96000E60-BFE1474C-AIFD-7E08A40B449C
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
authorized officers thereon the day and the year first above written.
CITY OF UNIVERSITY PARK CITY OF DENTON, TEXAS
MANAGER CITY MANAGER
ATTEST:
CHRISTiNE GREEN
crrY SECRETARY
LX All,m.but%J
APPROVED AS TO LEGAL FORM:
ATTEST:
LAUREN THODEN, CITY SECRETARY
APPROVED AS TO LEA
MAC I WAND, CITY
Signature Page to Intertocal Cooperative Purchasing Agreement
[k>cuSign
Certificate Of Completion
Envelope Id: 96000E60BFE1474CAI FD7E08A40B449C
Subject: Please DocuSign: City Council Contract 8510 Interlocal Agreement with University Park TX
Status: Completed
Source Envelope:
Document Pages: 7
Certificate Pages: 3
Signatures: 3
Initials: 1
Envelope Originator:
Erica Garcia
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
3/1 8/2024 3:06:14 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and SIgnature DIsclosure:
Not Offered via DocuSign
Signature Timestamp
Sent: 3/18/2024 3:10:51 PM
Viewed: 3/1 8/2024 3:10:58 PM
Signed: 3/1 8/2024 3:11 :25 PM
Completed
Using IP Address: 198.49.140.104
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/18/2024 3:11 :26 PM
Viewed: 3/18/2024 3:52:26 PM
Signed: 3/1 8/2024 3:52:40 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/18/2024 3:52:41 PM
Viewed: 3/1 8/2024 5:17:08 PM
Signed: 3/18/2024 5:17:19 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Completed Sent: 3/18/2024 5:17:22 PM
Viewed: 4/1 7/2024 9:27:17 AM
Signed: 4/1 7/2024 9:28:26 AM
Using IP Address: 198.49.140.10
Signer Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature Timestamp
Sent: 4/17/2024 9:28:27 AM
Viewed: 4/1 7/2024 9:28:43 AM
Signed: 4/1 7/2024 9:28:51 AM
Completed
Using IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
CIty Manager
City of Denton
Security Level: Email, Account Authentication
(None)
'D$cuSlglnd br
I h H%%
'5236DB29027a423.
Sent: 4/17/2024 9:28:53 AM
Viewed: 4/1 7/2024 9:29:20 AM
Signed: 4/1 7/2024 9:29:27 AM
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
Sent: 4/1 7/2024 9:29:29 AM
Resent: 4/1 7/2024 12:52:52 PM
Viewed: 4/1 8/2024 8:16:08 AM
Signed: 4/1 8/2024 8:16:54 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events Timestamp
Sent: 3/18/2024 3:11 :26 PM
Viewed: 3/19/2024 1 :30:05 PM
Cheyenne Defee
cheyenne.defee@cltyofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 3/18/2024 5:17:21 PM
Viewed: 3/1 9/2024 12:19:34 PM
Carbon Copy Events
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 4/1 8/2024 8:16:56 AM
Viewed: 4/18/2024 4:40:41 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
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4/17/2024 12:52:51 PM
4/1 7/2024 12:52:51 PM
4/1 8/2024 8:16:08 AM
4/1 8/2024 8:16:54 AM
4/18/2024 8:16:56 AM
Envelope Sent Hashed/Encrypted
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